Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1887-02-05
Criminal Court.


the trial Of All Proctor for murder.
Speeches were made by States Attorney
M. Savage for the prosecution; and by
Messrs. Pitt and Bell for the defence.
The speeches were not concluded until
7:l5 in the evening when Judge Tyler
charged the jury and they retired.
The court then adjourned until 8
o'clock Saturday morning.
The jury camein and asked of the
court instructions as to what would be
the effect in case they found mitigating
circumstances. The court instructed
them that il verdict of murder in the
first degree with mitigating circum-
stances was found by the jury, then it
would be discretionary with the court
whether to pronounce a sentence of
death or limit the penalty to imprison-
ment for life. The jury retired but
came in again at 10 o'clock and re-
ported that they had failed TO agree.
They were then sent to the hotel by the
Judge and ordered to think the matter
over until Monday, but at 4 o'clock
Saturday evening they agreed and
brought in a verdict of "guilty of MUIR
der in the first degree, with mitigating
circumstances.
The verdict is freely denounced by
leading citizens who declare it out.
rageous that cold blooded murderer
can thus escape the hanging he so just
ly deserves. The instantaneous in.
sanity" plea was so palpably bubble
that it does seem that any man could
see through it. Tbeoases cited by Mr.
Bell, one of the attorneys for the de.
Tense, were ingeniously applied tc
Proctor's case when in point OF fact
there was no similarity whatever. THAI
the stolid murderer, Proctor, was capa
bic OF the ''insane impulse" of Hamlet
would bring down the house in comic
opera yet,
In law what plea so tainted and corrupt
But being seasoned with agracious voice
Obscure the show of evil"
| We intend no reflection, of course
upon the Judge, whose charge wa
strong as we'll as liberal, nor upol
Messrs. Bell and Pitt who defended
Proctor, but we do voice the genera
sentiment of the people when we sa
the mercy extended to Proctor wa
wholly undeserved. His crime wa
committed with such cool premedits
ton and executed withssuch iendis
brutality that even the ne gro populac
here, if left to their own will, woul
have hung him as high as Haman. ]
is dangerous precedent, this triflin
with the sacredness of the law, and n
man should allow himself to be place.
upon jury unless he is conscious c
the fact that he has nerve sufficient t.
do his duty as the law directs. Human
life is never sale in community wher
the law Is not executed, and mobs il
most cases are the result of timidtyDo OF
the part of incompetent i0rors. TIL
gentlemen who composed the jury il
this case acted, no doubt, as their sens
of right directed them, but the medica
jurisprudence from which Mr.. Bel
quoted should have had no weight in
case which was before their own eye
and in regard to which there was Oh
evidence of competent medical me-
that the defendant was not insane
There is too much of this weak sent
mentality abroad in the land. If a ma
is thief his crime ought to be calle
by its proper name, and not that h
"hypothecated" bonds, notes or othe
! property not his own. If he notorious
ly lies, men should call him liar, AN
if he is deliberate murderer he ougE
to be hung up between heaven an
earth as unfit for the habitation OF eithe
Mace